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Verdicts & Settlements: Negligence

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Failure to yield to downhill skier

April 25, 2019

Patricia Klug, 69, was skiing when Doe, 11, came from behind and ran into her. Klug fell over and suffered nondisplaced fractures of her pelvis and sacrum. She required hospitalization and extensive inpatient rehabilitation. Her medical expenses were more than $105,500.

Klug sued Doe, alleging she negligently failed to yield to a downhill skier, in violation of the Colorado Ski Safety Act, Colo. Rev. Stat. Ann. §33-44-101. Doe countered that Klug had been skiing out of control and had run into her.

The jury awarded more than $105,500, finding Klug 49 percent at fault.

Citation: Klug v. Doe, No. 1:14CV03185 (D. Colo. Nov. 2018).

Plaintiff counsel: James Heckbert, Steamboat Springs, Colo.

Plaintiff experts: Todd Wente, orthopedic surgery, Castle Rock, Colo.; Michael Wade, hospital medicine, and Howard McGowan, sports medicine, both of Lone Tree, Colo.; and Christine Munson, physiatry, Denver.